CITY OF
Item No. 4
AGENDA REPORT
DATE: February 10, 2025
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Developm t S ices/City Engineer�- Todd Gutjahr, Public Works Analyst 7
SUBJECT: Landscape and Lighting Maintenance District No. 1 Zone S Dormancy Agreement RECOMMENDATION:
That the City Council:
Adopt Resolution No. 2025-02 approving the Dormancy Agreement for Landscape and Lighting Maintenance District No. 1, Zone S; and
2. Authorize the City Manager to execute the Dormancy Agreement and authorize the City Manager or his designee to administer the terms of the Dormancy Agreement.
BACKGROUND/DISCUSSION:
In October 2001, the City Council adopted Resolution No. 2001-30, approving the annexation of Tract Map No's. 13589, 13589-1, and 13589-2 into the City of Yucaipa Landscape and Lighting Maintenance District No. 1 (LLMD No. 1), identified as Zone S (Zone).
Zone S contains a total of 79 lots and is located on the south side of Wildwood Canyon Road between Morningside Drive and Butterfly Drive, east of the Hidden Meadows residential development.
During the final engineering design process, Tract Map No. 13589 was separated into Tract Map No. 13589 comprising of 27 lots, Tract Map No. 13589-1 comprising of 26 lots, and Tract Map No. 13589-2 comprising of 26 lots.
In 2023, due to the development not being completed and consistent with the City's LLMD Administrative Policy, the property owner of Zone S had requested and received a refund of a portion of the assessed funds collected and available in the account, since the City had not assumed responsibility for the maintenance and the fund balance was accumulating for this Zone, due to the development not being completed.
In 2024, the property owners requested the balance of the funds be returned and indicated they did not intend to develop nor sell the separate parcels in the near future. The property owners also requested to de -annex the Zone from LLMD No. 1.
In consultation with the City Attorney's office, it was determined that a de -annexation would prohibit/complicate the collection of future landscape and lighting maintenance district funds should the parcels be sold, and the new property owner request to be annexed back into LLMD No. 1. As a result, a Dormancy Agreement is being proposed.
The Dormancy Agreement would allow the Zone to remain in LLMD No. 1. However, the property assessments would cease to be collected until such a time the developer wishes to complete the project, and the improvements are completed. Under the Dormancy Agreement, the property owner is obligated to maintain the existing area within the zone. The maintenance shall be at the sole expense of the property owner and shall be in compliance with the maintenance standards of the Yucaipa Municipal Code
FISCAL IMPACT:
The recommendations for this item do not result in a financial impact to the City.
Attachment(s):
1. Resolution No. 2025-02
2. Zone S Dormancy Agreement
Approved by.
ATTACHMENT
RESOLUTION NO. 2025-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, APPROVING THE DORMANCY OF TRACT MAP NO'S.
13589, 13589-1, AND 13589-2 FROM THE CITY OF YUCAIPA
LANDSCAPING AND LIGHTING MAINTENCE DISTRICT NO.1
WHEREAS, the City of Yucaipa (City) has received a written request from the owners of the properties comprising of Tract Map No's. 13589, 13589-1, and 13589-2 (Zone S) in the City requesting that such properties (Properties) be annexed to City of Yucaipa Landscaping and Lighting Maintenance District No. 1 (District) thereof for the maintenance, servicing and operation of public landscaping, energy charges and maintenance, servicing and operation of street lights and appurtenant facilities; and
WHEREAS, the City Council has received the Engineer's Report prepared by the developer's engineer as required by the City of Yucaipa with regard to the annexation of the Property to the District and levy of a proposed assessment thereon for the 2025-2026 fiscal year (Report) which contains all matters required by Section 22567 of the California Streets and Highways Code and Section 4 of Article XIIID of the California Constitution; and WHEREAS, the City Council has determined that the Property should be annexed to the District, the Engineer's Report should be approved, and the City Council should fix the time and place for a public hearing at which the City Council will receive testimony regarding the proposed assessment, of the annexation of the Property to the District and the levy of the proposed assessment thereon; and
WHEREAS, the City Council has conducted a public hearing and adopted Resolution No. 2001-30, approving the annexation of Tract Map No's. 13589, 13589-1, and 13589-2 into the City of Yucaipa Landscape and Lighting Maintenance District No. 1; and WHEREAS, the City Council has approved Final Tract Map No's. 13589, 13589-1, and 13589-2 and authorized the recording of the maps; and
WHEREAS, the property owners have expressed no intent to develop Tract Map No's. 13589, 13589-1, and 13589-2 in the near future.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:
Section 1. Resolution No. 2001-30 is hereby rescinded.
Section 2. The Dormancy Agreement will allow the property assessments to cease to be collected until such a time that Zone S is scheduled to be developed.
Section 3. The property owners are obligated to maintain the facilities within Zone S. The maintenance shall be at the sole expense of the property owners and shall follow the standards that are in compliance with the maintenance standards of the City of Yucaipa Municipal Code and final map that are on record with the City of Yucaipa and the County of San Bernardino.
Section 4. Any remining assessed fund balance held by the City will be refunded to the property owners.
Section 5. Authorize the City Manager to execute the Agreement and authorize the City Manager or his designee to administer the terms of the Agreement for the Dormancy of Landscaping and Lighting Maintenance District No. 1, Zone S.
PASSED, APPROVED, and ADOPTED this 1 Ot" day of February, 2025.
Jon Thorp, Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
ATTACHMENT 2
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE
LANDSCAPE LIGHTING MAINTENANCE DISTRICT
DORMANCY AGREEMENT
THIS FACILITIES MAINTENANCE AGREEMENT ("Agreement") is made and entered into this day of February 10, 2025 ("Effective Date"), by and between Dickinson & Son and Rosewood Enterprises, Inc. ("Property Owners"), and the CITY OF YUCAIPA, a California municipal corporation ("City") with reference to the following facts:
RECITALS
A. Reference is made to that certain real property situated in the City of Yucaipa, County of San Bernardino, State of California, known as Zone S site and described on Exhibit "A", attached hereto and incorporated by this reference as if fully set forth herein ("Project Site").
B. The City and the Property Owner desire to enter into an agreement pursuant to which the Property Owners will maintain the Facilities within the Maintenance Area as both are depicted on Exhibit "A".
AGREEMENT
NOW, THEREFORE, the City and the Property Owners (together, the "Parties") hereby agree as follows:
1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to assure the maintenance, periodic inspection, repair, safe operation and, if and when necessary, replacement of the Facilities by the Property Owners at their expense in accordance with the maintenance standards of the Yucaipa Municipal Code.
2. FACILITIES AS A BENEFIT. The Property Owners agree that the Facilities will materially benefit Project Site and that Property Owners' maintenance, repair, safe operation and, if and when necessary, replacement thereof in accordance with this Agreement. Facilities are described as lighting and landscape areas per the Zone S Engineers Report (Exhibit `B"). Facilities referred to in the lighting and landscape areas as part of Zone S Engineers Report (Exhibit `B") may be modified and changed upon the mutual agreement of both Property Owner and the City of Yucaipa.
3. PROPERTY OWNERS' RESPONSIBILITIES. Property Owners, at their sole expense, shall maintain, periodically inspect, repair and, if and when necessary, replace the Facilities within Zone S.
4. FORBEARANCE OF LEVY. The City agrees that, provided Property Owners are not in default of their obligations under this Agreement, to annually levy $0.00 through Landscape Lighting Maintenance District No. 1 against the Project Site for each applicable assessment period during the term of this Agreement.
NO IMPAIRMENT OF LIEN. No violation or breach of the agreements,
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE conditions, restrictions, provisions or limitations contained in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument; provided, however, that any successor of Property Owners to the Project Site or any portion thereof shall be bound by such agreements, conditions, restrictions, limitations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale orotherwise.
6. PERMITTED USES. The Property Owners may enter upon such Facilities as are located within the City rights -of -way, and may temporarily block reasonably necessary portions of the adjoining street surfaces, solely for the purpose of performing Maintenance Services, and incidental purposes thereto, such as operating equipment and storing materials during the period maintenance services are being performed (collectively, "Activities"). The Property Owners shall not use such areas for any other purpose. The use of the public rights -of -way require an Encroachment Permit from the City.
7. TERM. This Agreement shall commence immediately upon the Effective Date and shall continue in perpetuity until and unless terminated by the City in its sole discretion or by mutual agreement of the Parties.
8. INDEMNIFICATION. The Property Owners shall indemnify, defend and hold the City, its Council, boards, offices, commissions, agents and employees harmless from liens, claims, demands, actions, causes of action, obligations, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees (individually, "Claims" and collectively, "Claims"), which may arise from or in any manner relate to any work performed or services provided under this Agreement by the Property Owners, or the Property Owners' contractors, subcontractors, agents or employees, including, but not limited to, the performance of the Maintenance Services or other Activities. Notwithstanding the forgoing, the Property Owners shall not be obligated under this Agreement to defend and/or indemnify the City to the extent that any Claim is caused by the negligence or willful misconduct of the City or its agents or employees. The aforementioned indemnity shall apply regardless of whether or not the City has prepared, supplied or approved plans and/or specifications for the Facilities and regardless of whether any insurance required under this Agreement is applicable to any Claims.
9. AGREEMENT ATTACHES TO LAND AND BINDS PROPERTY OWNERS' SUCCESSORS AND ASSIGNS. This Agreement pertains to and runs with the Project Site in perpetuity (subject to Section 9 above) and shall be recorded against Project Site. This Agreement binds the assigns and successors -in -interest of the Property Owners, including any transferee of a fee interest in any lot located within Project Site. The City and its successors and assigns, in the event of any breach of this Agreement, shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits inequity or other proper proceedings against the Property Owners or its permitted successors and assigns to enforce the curing of such breach.
10. ASSIGNMENT BY PROPERTY OWNERS.
a. Assignment to Successor Property Owners. In connection with any such assignment, the Property Owners and their assignees, the successor Property Owners, shall execute and deliver to the City a written assignment and assumption
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE agreement in a form acceptable to the City Attorney.
11. NOTICES. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows:
To the Property Owners: Dickinson and Son
606 N. Larchmont Blvd. #4G
Los Angeles, CA 90004
Rosewood Enterprises, Inc.
606 N. Larchmont Blvd. #4G
Los Angeles, CA 90004
To the City: City of Yucaipa
34272 Yucaipa Blvd.
Yucaipa, CA 92399
Attn: City Manager
12. MISCELLANEOUS.
a. Entire Agreement, Amendments. This Agreement contains the entire understanding and agreement of the parties. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the Parties to this Agreement. b. Paragraph Headings. Paragraph headings as used herein are for convenience only and shall not be deemed to be a part of such paragraphs and shall not be construed to change the meaning hereof.
C. Governing. This Agreement shall be construed and governed in accordance with the laws of the State of California. Venue shall be the County of San Bernardino, San Bernardino Justice Center.
d. Counterparts. This Agreement may be executed in any number of counterparts which together shall constitute the contract of the Parties. e. Exhibits. Any and all exhibits and schedules attached or to be attached hereto are hereby incorporated and made a part of the Agreement by reference. f. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect. g. Authority. Each persons executing this Agreement on behalf of a party
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder.
h. No Agency Relationship. Neither the Property Owners nor any of the Property Owners' agents, contractors or subcontractors are or shall be considered to be agents of the City in connection with the performance of any of the Property Owners' obligations under this Agreement.
i. Attorneys' Fees and Costs. Either party may bring a lawsuit to enforce or require performance of the terms of this Agreement, and the prevailing party in such suit or proceeding shall be entitled to recover from the other party's reasonable costs and expenses, including attorneys' fees.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first stated
above.
PROPERTY OWNERS
Dickinson A Sqn
j�j ocurgned y:
By: "��" ocwmv Name: BRUCE DICKINSON Date: 2/4/2025
Rosewood Enterprises, Inc.
DocuSigne by:
0? - V(C BRUCE DICKINSON 2/4/2025
By: Name: Date:
CITY
CITY OF YUCAIPA, a municipal corporation
Chris Mann, City Manager
ATTEST:
Ana Sauseda, MMC, Director of General Services City Clerk
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE Exhibit A
Accessor's Parcel Numbers
Dickinson & Son
0325-221-01
0325-231-01
0325-241-01
0325-251-01
0325-221-02
0325-231-02
0325-241-02
0325-251-02
0325-221-03
0325-231-03
0325-241-03
0325-251-03
0325-221-04
0325-231-04
0325-241-04
0325-251-07
0325-221-05
0325-231-05
0325-241-05
0325-251-08
0325-221-06
0325-231-06
0325-241-06
0325-251-09
0325-221-07
0325-231-07
0325-241-07
0325-251-10
0325-221-08
0325-231-08
0325-241-08
0325-221-09
0325-231-09
0325-241-09
0325-221-10
0325-231-10
0325-241-10
0325-221-11
0325-231-11
0325-241-11
0325-221-12
0325-231-12
0325-241-12
0325-221-13
0325-231-13
0325-241-13
0325-221-14
0325-231-14
0325-241-14
0325-221-15
0325-231-15
0325-241-15
0325-221-16
0325-241-16
0325-221-17
0325-221-18
0325-221-19
0325-221-20
0325-221-21
Accessor's Parcel Numbers
Rosewood Enterprises, Inc.
0325-251-04
0325-251-05
0325-251-06
0325-251-11
0325-251-12
0325-251-13
0325-251-14
0325-251-15
0325-261-06
0325-261-07
0325-261-08
0325-261-09
0325-261-10
0325-261-11
0325-261-12
0325-261-01
0325-261-02
0325-261-03
0325-261-04
0325-261-05
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE Exhibit B
Zone S
Engineer's Report
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE 0 0
0 ENGINEER'S REPORT
FOR
THE ANNEXATION OF TRACT 13589
INTO THE CITY OF YUCAIPA
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1
ZONE "S" 00
PREPARED FOR
City of Yucaipa
San Bernardino County
California
PREPARED BY
Thatcher Engineering & Associates, Inc.
345 5th Street, Suite B
Redlands, CA 92374
June 20, 2001
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE 0 CITY OF YUCAIPA
Mr. Dick Riddell
Mayor
Mr. Allan Drusys
Council Member
Mr. Bob Lampi
Council Member
Ms. Diane Smith
Council Member
Mr. Tom Masner
Council Member
�J Mr. John Tooker
City Manager
Ms. Juanita Brown
City Clerk
Mr. John McMains
Director of Community Development
Ms. Marguerite Battersby
City Attorney
Mr. Paul Nagengast
Director of Public Works/City Engineer
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE
ENGINEEI
CITY OF
LANDSCAPING
MAINTENANCE DISTF
FISCAL YE,
The undersigned respectfully submits
City Council.
Dated: June 20, 2001
Thatcher Engineering & Assoc., Inc.
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Dia m thereto attached, was fled with me on the day of Y , 2001.
Juanita Brown, City Clerk
City of Yucaipa
�J San Bernardino County, California
.� By �-
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached, wasp roved and coned. by the Council of the City of Yucaipa, on the i day of 1 r.) , 2001.
Juanita Brown, City Clerk
City of Yucaipa
San Bernardino County, California
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached, was filed with is
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE n the County Auditor of the County of San Bernardino, on tite J day of , 2001.
Juanita Brown, City Clerk
City of Yucaipa
San Bernardino County, California
LM
N
io
ii
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE
ENGINEER'S REPORT
CITY OF YUCAIPA
LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT NO. 1, ZONE "S" 00
FISCAL YEAR 2001 -2002
TABLE OF CONTENTS
Agency Directory .................................................... i Submittal and Acknowledgements ................................. ii Introduction........................................................... I Report................................................................. 3 Part A — Plans and Specifications .................................. 5 oPart B — Estimate of Cost .......................................... 6 Part C — Assessment Roll .......................................... 8 Part D — Method of Apportionment .............................. 9 Part E — Property Owner List ..................................... 12 Part F — Assessment District Diagram ........................... 13 Rel
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE W
INTRODUCTJON
To ensure a flow of funds for the ongoing maintenance and servicing of specified improvements within the public right-of-way within Tract 13589 in the City of Yucaipa, the City Council is considering the annexation of this tract into the existing City of Yucaipa Landscaping and Lighting Maintenance District No. 1. The City Council of Yucaipa adopted Resolution No. 91-63 on September 9, 1991 which formed Landscaping and Lighting Maintenance District No. 1. Improvements which may be maintained by the Landscape and Lighting District No. 1, utilizing the direct benefit assessments include:
• Landscaping within public rights -of -way, parkways, roadway related easements and other public open space;
public lighting facilities to provide street lighting and traffic signals in public rights -of -way.
In order to ensure that the maintenance of landscaping, street lights and appurtenant facilities required as a condition of development does not become a financial burden to existing property owners within the City. The district will provide a mechanism to assess those property owners that benefit from the maintenance of required improvements.
The proposed District boundary for the annexation will be coincident with the boundary of Tract 13589 and is in the City of Yucaipa.
The District assessment for maintenance may be adjusted annually either based on the change in the Consumer Price Index for the Los Angeles — Anaheim — Riverside Area for all Urban Consumers (1982-84 = 100), or increased 5 percent, whichever is greater. The cost of electricity may be adjusted annually based on the actual cost of electricity.
The construction, maintenance and operation of facilities within the District's boundaries will be consistent with the Landscaping and Lighting
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE Act of 1972. and the requirements of Proposition 218, and will be administered pursuant to the City of Yucaipa ordinances and regulations.
Payment for the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes for each property.
The proceedings will be conducted under the Landscaping and Lighting Act of 1972, Part 2, Division 15, Sections 22500 through 22679, of the Streets and Highways Code of the State of California and Article X1II1) of the California Constitution.
The City of Yucaipa shall conduct a public hearing upon the proposed assessment not less than 45 days after mailing the notice of the proposed assessment to record owners of each identified parcel. At the public hearing, the City shall consider all protests against the proposed assessment and tabulate the ballots pursuant to Proposition 218. The City shall not impose an assessment if there is a majority protest based on financial obligation. 91 rID
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE 0 ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS LANDSCAPING AND LIGHTING ACT OF 1972
SECTION 22500 THROUGH 22679
OF THE CALIFRRNIA STREETS AND HIGHWAYS CODE
AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION
Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, and in accordance with the Resolution of Intention, being Resolution No. 9I-63, adopted by the Council of the City of Yucaipa, State of California, in connection with the proceedings for:
CITY OF YUCAIPA
LANDSCAPING AND
LIGHTING MAINTENANCE DISTRICT NO. 1
Herein after referred to and the "Maintenance District" I, Melvin W.
J Thatcher, III the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of six (6) parts as follows:
PART A
Plans and specifications for the improvements are as set forth on the lists hereof, attached hereto, and are on file in the Office of the Clerk on the City.
PART B
An estimate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the Iists thereof, attached hereto, and are on file in the Office of the Cleric of the City.
PART C
An assessment of the estimated cost of the improvements on each benefited lot or parcel of land with the Maintenance District.
PART D
The method of apportionment of assessments, indicating the proposed assessment of the total amount of the costs and expenses of the `` / improvements upon several lots and parcels of land within the Maintenance
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE District, in proportion to the estimated benefits to be received by such lots and parcels. The Assessment Roll is on file in the Office of the City Clerk `-� of the City of Yucaipa and by reference is made a part hereof.
PART E
A list of the names and addresses and Assessors Parcel Number(s) of the current owners of real property within this Maintenance District, as shown on the latest equalized roll of the Assessor of the County of San Bernardino.
PART F
The Diagram of the Proposed Annexation showing the exterior boundaries of Tract 13589 and the lines and dimensions of each lot or parcel of land of the Tract has been submitted to the Cleric of the City. The lines and dimensions of each lot or parcel within the Proposed Annexation are those lines and dimensions shown on the maps of the Assessor of the County of San Bernardino for the year when this Report was prepared. The Assessor's maps and records are incorporated by reference herein and made a part of this report.
IN
N
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84953D8A9EE a
PLANS AND SPECIFICATIONS
The permanent public improvements which will be constructed by the developer as a condition of subdivision of land within the City of Yucaipa are:
Li htin
Poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide street lighting in public rights -of -way and easements within the proposed boundaries of said Maintenance District.
These improvements are more specifically shown on the Street Improvement Plans for Tract 13589 prepared by Dagostino Engineering and approved by the City of Yucaipa. These plans are on file with the City of Yucaipa.
Landscaping
Landscaping maintenance including planting and irrigation of LIVID area as shown on the landscaping plans for Wildwood Canyon Road for Tract 13589 prepared by Thatcher Engineering & Associates, Inc. and approved by the City of Yucaipa. The plans are on file with the City of Yucaipa.
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE C
PART B
ESTIMATE OF COST
The 1972 Act provides that the total cost of installation construction, maintenance and servicing of the public landscaping, park facilities and street lighting can be recovered by the District in proportion to the special benefit that they provide to the parcels. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with the formation and maintenance of the District can also be included.
Improvements which are to be included in the District have not yet been completed and are being constructed by the developer of the property who will be responsible for the maintenance of all improvements until accepted by the City of Yucaipa_ It is anticipated that the improvements will be completed and accepted by the City by July 1, 2000- In 1998, the City Council amended the original methodology for the Maintenance District.
The amendment allows the annual charge to be levied on the tax roll during the fiscal year the annexation takes place, and not after the warranty period ends. This amendment commenced with Zone G98. The reasons are as follows: It allows the buildup of a capital reserve fund for the purposes of covering the costs of vandalism, inclement weather (such as hard freeze or severe erosion), damage done by vehicular traffic, and the coverage of delinquent property taxes. Prior to the methodology being amended, the City did not have the ability to cover these costs.
The assessment for this Annexation will be based on the qualifying improvements that are to be maintained by the city. An estimate of the yearly maintenance cost for Fiscal Year 2002-2003 is:
n
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE W
ESTIMATE OF YEARLY MAINTENANCE COST
Street Iights 11 EA @ $125.00 = $1,375.00
Landscaping (W ildwood Canyon Road @ 52,606 SF x $.25) $13,151.50 Subtotal = $14,526.50
Administration (5%) _ $726.30
Subtotal = $15,252.80
10% Capital Improvement Reserve Fund $1,525.30
Total annual = $16,778.08
Cost per EDU (79 new residences) = $212.38
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate.
Any balance remaining on July 1 must be carried over to the next fiscal year.
The Zone "S" 00 assessment for maintenance may be adjusted annually either based on the change in the Consumer Price Index for the Los Angeles — Anaheim — Riverside Area for all Urban Consumers (1982-1984 =100), or increased 5 percent whichever is greater- The cost of electricity may be adjusted annually based on the actual cost of electricity.
W
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE E*
PART C
ASSESSMENT ROLL
The proposed assessment and the amount of assessment for Fiscal Year 2002-2003 apportioned to each lot or parcel is $212.38
The description of each Iot or parcel is part of the records of the Assessor of the County of San Bernardino and these records are, by reference, made part of this Report.
Assessor's Parcel Number: 0325-111-20 and 21
Owner: Dickenson and Son, a California Corporation
Total Assessment: $16,778.08
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Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE :J
PART D
METHOD OF APPORTIONMENT OF ASSESSMENT
A. General
Part 2 division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of Assessment Districts by cities for the purposes of providing certain public improvements which include maintenance and operation of street lights, traffic signals and landscaping.
The 1972 Act requires that maintenance assessments be levied according to benefit rather than according to assessed value.
The Act permits the designation of zones of benefit within any individual assessment district if "By reasons or variations in the nature, location and extent of the improvements, the various areas will receive different degrees (� of benefit form the improvement" (Section 22547.)
\ l Section 22509 provides that the act shall be Iiberally construed to effectuate its purposes. Therefore any reasonable formula or method is conclusive.
B. ParceI Classification
Since the assessment will be levied on the owners of properties as shown on the tax rolls, the final charges must be assigned by Assessor's Parcel Number.
The single-family parcel has been selected as the basic unit for calculation of assessments and is defined as one Equivalent Dwelling Unit (EDU.) C. Zone Classification
A system of zones, encompassing both street lighting and landscaping levels of service has been developed. These zones will provide a means to designate the benefits received by the property owners form the improvements maintained by the District. The zone for this Annexation is as follows:
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE Tract 13589 falls within zone "S" 00 which includes the installation, operation and maintenance of lighting and appurtenances, maintenance of landscaping, irrigation and appurtenances, within the Landscape Maintenance District boundary adjacent to W ildwood Canyon Road and maintenance of the landscaping within the Landscape Maintenance District boundary at the rear of lots 7 thru 14, inclusive, and 23 thru 34, inclusive, for fuel modification within Tract 13589.
D. Special Benefit
The operation and maintenance of the lighting within Tract 13589 provides a special benefit to all of the residents of Tract 13589 over and above the benefit conferred on the public at large in that:
1. The street lighting provides for a safer neighborhood.
2. The landscaping along Wildwood Canyon Road provides consistent maintenance of the entry landscaping.
3. Direct enhancement of property values.
Not one parcel within tract 13589 receives significantly greater or lesser benefit than any other parcel so it is appropriate to allocate the assessment equally among the parcels.
E. Public Lands
.Article XIIID, which was added to the California Constitution by the passage of Proposition 218 in 1996, mandates that "parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcel in fact receive no special benefit."
Landscaping and Lighting District No. 1 Zone "S" 00 has no publicly owned parcels which receive any benefit from the proposed improvements.
F. Cily Maintenance of improvements
101
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE 'rhe City is under no obligation to maintain the improvements that are included as part of Zone "S" 00, except to the extent funds are available from the levying of assessments.
PART E
PROPERTY OWNER LIST
The names and addresses of the owners of record of lots within Tract 13589 as of June 20, 2001 are:
Dickenson and Son, a California Corporation
606 North Larchmont Blvd., #46
Los Angeles, CA 90004
Assessors Parcel Numbers: 0325-111-20 & 21
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE 0 ASSESSANIENI' DIAGRAM
LANDSCAPING A\D LIGHTING \4AINTEN.kN-C11 DISTRICTAO. I
CITY OF YUCAJPA, COUNTY OF SAA BERN'ARDINO. STATE OF
CALIFOWA TRACT NO. I1589. 'VW) BOOT: PAGES T'I- ROUGA
rNCLU SI YE.
ZONE "S" 00
FILED IN TEE OFFICE OF THE CITY CLERK OF THE CITY OF YUCAIPA THIS DAY OF 12001.
BY:
JUANITA BROWN — CITY CLERIC
AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL ON THE LOTS AND PARCELS OF
LAND SHOWN ON THIS ASSESSMENT DIAGRAM SAID ASSESSMENT WAS LEVIED ON THE
ASSESSMENT ROLL AND RECORDED IN THE OFFICE OF THE CLERK ON THE DAY OF , 2001.
Q REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE CITY CLERK FOR THE EXACT AMOUNT SHOWN ON THIS DIAGRAM.
BY:
JUANITA BROWN — CITY CLERK
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE
PROPOSED BOUN'DARTES OF
LANDSC:AI'ING AND LIGHTING AI.AINTLNANCE DISTRICT NO. I CITY 01: YUC.U'A. COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA TRACT NO. 13589, MAP BOOK PAGES THROUGH
rnTCLUSIVE.
ZONTE "S 00
FILED IN TIME OFFICE OF TIE CITY CLERK OF THE CITY OF YUCAIPA THIS DAY OF , 2001.
BY:
7UAr7TA BROWN — CITY CLERK
0 13
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE ALBERT A. WEBB ASSOCIATES
CONSULTING ENGINEERS
3788 McCRAY STREET, RIVERSIDE, CALIFORNIA 92506
TELEPHONE (909) 781-6190 FAX (909) 788-4139
City of Yucaipa
To
34272 Yucaipa Blvd.
Yucaipa, CA 92399-9950
GENTLEMEN:
WE ARE SENDING YOU
❑ Shop Crawings
Copy of letter
Transmitted:
LETTER OF TRANSMITTAL
Date W.O. No. 00-0180
7/12/2001 File No. 3934.0009
Attontion: Ms. Juanita Brown
RE' Tract 13589, Zone "S" 00
®
Attached
Under separate cover via
—the following items:
❑
Prints
Plans Samples
Specifications
❑
Change Order
(Original copy of the Declaration of Mailing Notice of l learing and Assessment Ballot for Tract 13589, Zone S for your use.
;o
THESE ARE TRANSMITTED as checked below:
❑ For approval
Approved as submitted
® For your use
❑ Approved as noted
❑ As requested
Returned for corrections
❑ For review and comment
❑
❑ FOR BIDS DUE
Remarks:
❑ Resubmit copies for approval
❑ Submit copies for distribution
Return corrected prints
PRINTS RETURNED AFTER LOAN TO US
Please call Paul Thompson at (909) 248-428 3 if you have any questions.
Coo
Domen
If enclosures are not as noted, kindly notify us at once.
Docusign Envelope ID: 78D643F1-9031-43BB-96C5-F84963D8A9EE
LEGAL NOTICE
Notice to Property Owners within Tract Map No. 13589 for the Annexation and Levy of Assessment information for Landscaping and Lighting District No. 1 Background
Pursuant to the Landscaping and Lighting Act of 1972, the City of Yucaipa's Landscaping and Lighting Maintenance District No. 1, has been funding the maintenance of parkway, median and easement landscaping and street lights of new residential developments through annual assessments from the benefited properties.' Tract Map No. 13589 in which your property is located, is required by the City as a condition of final map approval to be. annexed into Landscaping and Lighting Maintenance District No. 1, in order to provide a stable funding source to maintain street lights and the new parkway and easement landscaping along streets abutting the boundaries of this subdivision.
Proposition 218, which was approved by the California voters in the November 1996 election, requires that the City send a ballot to each property owner to vote on any proposed new or increased assessment to be levied on the affected property.
Notice
This notice informs you. as record owner of property within the City of Yucaipa's proposed Landscaping and Lighting Maintenance District No: I, that on July 9, 2001, the City Council of the City of Yucaipa adopted Resolution No. 2001-18, which declared its intention to annex, for Fiscal Year 2001-2002, and levy an assessment for Fiscal Year 2002-2003 and set a Protest Hearing to be held at the Yucaipa City Council Chambers located at 34272 Yucaipa. Boulevard, Yucaipa, California.. The meeting will be held at 6:00 p. in. or as soon thereafter as the matter may be heard.
PROTEST HEARING: AUGUST 27, 2001
Persons who desire to submit a ballot should mail or deliver the ballot to the City Clerk as follows:
Mail Delivery: If by mail, place the signed and marked ballot in the mail in sufficient time to be received no later than August 27, 2001. The City Clerk's office address is 34272 Yucaipa Boulevard, Yucaipa, CA 92399. If your ballot is not received by this time, the ballot may not be counted. A postmark will not be sufficient.
Personal Delivery` If in person, deliver the signed and marked ballot to the City Clerk at 34272 Yucaipa Boulevard, Yucaipa, CA at any time prior to 5:00 p. in. on August 27, 2001 or deliver up to the close of the Protest Hearing on August 27, 2001 at 6:00 p. in. to the City Council Chambers at 34272 Yucaipa Boulevard, Yucaipa, California. 191